SAJIN SHAH JALEEL V. THE TRASNPORT COMMISSIONER,

WP(C)/801/2019

AI Insights

The case revolves around a writ petition filed by Sajin Shah Jaleel, seeking a directive for the timely processing of his application for a license under the 'Rent a Motor Cycle Scheme, 1997'. This scheme, introduced by the Central Government, aims to promote tourism by allowing the rental of motorcycles. The Transport Commissioner, in response to the petition, submitted a counter affidavit explaining the scheme's operational details and confirming that the petitioner's application would be considered in the upcoming STA meeting as per government instructions. The court's decision was to ensure that the application was processed without unnecessary delay.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 691709 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 08-04-2019
• Assessment Year: misc
• Laws Referred To: Rent a Motor Cycle Scheme, 1997, CMV Act 74(1)
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: POOJA SURENDRAN
• Assessee Lawyers: FERHA AZEEZ; R K PRASANTH
• Keywords: Licence; Rent a Motor Cycle Scheme; Transport Commissioner; Tourism
• Section: 74(1)

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 08TH DAY OF APRIL 2019 / 18TH CHAITHRA, 1941 WP(C).No.801 of 2019 PETITIONER: SAJIN SHAH JALEEL AGED 28 YEARS S/O JALEEL K H, KODAPPILLY HOUSE, MUPPATHADAM PO, ALUVA, N.C VILLA, PIN-683110, ERNAKULAM. BY ADVS. SMT.FERHA AZEEZ SRI.R.K.PRASANTH RESPONDENTS: 1 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD(PO), THIRUVANANTHAPURAM. PIN-695014. 2 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT (B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695014. BY GOVERNMENT PLEADER SMT. POOJA SURENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.801 of 2019 2 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ This writ petition has been filed seeking to direct the respondents to complete all the proceedings for grant of licence under 'Rent a Motor Cycle Scheme, 1997' within a time frame. 2. The 1st respondent - Transport Commissioner has filed a counter affidavit in the writ petition. It has been stated in the counter affidavit that 'Rent a Motor Cycle Scheme' was introduced by the Central Government for promoting tourism. The number of permits cannot be calculated locally as per this Scheme. The vehicles permitted under this Scheme can be used throughout the State. The rate for the rented vehicles should be calculated by hourly/ daily/ monthly basis. It should be varied as per the model and price of the vehicle. Hence, a uniform rent rate cannot be fixed as per this Scheme. WP(C).No.801 of 2019 3 3. The Transport Commissioner has stated that the Government, vide letter dated 19.02.2019, has directed to consider all the applications received up to 15.02.2019 under 'Rent a Motor Cycle Scheme', which complies the CMV Act 74(1). As per the Government direction, the petitioner's application can also be considered in the next STA meeting. Based on the statements made in the counter affidavit filed by the 1st respondent, this writ petition is disposed of directing the 1st respondent to consider the application submitted by the petitioner for licence under 'Rent a Motor Cycle Scheme' in the next STA meeting itself. A decision in this regard will be taken as expeditiously as possible. Sd/- N. NAGARESH, JUDGE aks/08.04.2019 WP(C).No.801 of 2019 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE OFFICE OF RESPONDENT. EXHIBIT P2 TRUE COPY OF THE CASH RECEIPT DATED 21/02/2018. EXHIBIT P3 TRUE COPY OF THE RENT A MOTOR CYCLE SCHEME, 1997 OBTAINED UNDER RIGHT TO INFORMATION ACT 2005. EXHIBIT P4 TRUE COPY OF CERTIFICATE OF REGISTRATION OF MOTOR CYCLE KL-07-CL- 1450. EXHIBIT P4 A TRUE COPY OF CERTIFICATE OF REGISTRATION OF MOTOR CYCLE KL-07-C- 1434 EXHIBIT P4 B TRUE COPY OF CERTIFICATE OF REGISTRATION OF MOTOR CYCLE KL-07-CL- 1407. EXHIBIT P4 C TRUE COPY OF CERTIFICATE OF REGISTRATION OF MOTOR CYCLE KL-07-CL- 1448. EXHIBIT P4 D TRUE COPY OF CERTIFICATE OF REGISTRATION OF MOTOR CYCLE KL-07-CL- 1443. EXHIBIT P4 E TRUE COPY OF CERTIFICATE OF REGISTRATION OF MOTOR CYCLE KL-07-CL- 1462. EXHIBIT P5 TRUE COPY OF THE RENTAL AGREEMENT DATED 28/09/2018. WP(C).No.801 of 2019 5 EXHIBIT P6 TRUE COPY OF LICENCE ISSUED BY KALAMASSERY MUNICIPALITY BEARING LICENCE NO.H/11009-2048-2019 DATED 18/12/2018. EXHIBIT P7 A COPY OF LAND PHONE BILL IN THE NAME OF CITY BIKEZ. EXHIBIT P8 A TRUE COPY OF THE INDIAN INCOME TAX RETURN ACKNOWLEDGEMENT IN THE NAME OF PETITIONER. EXHIBIT P9 TRUE COPY OF REGISTRATION CERTIFICATE BEARING NO. 32AOIPJ264K2Z2. EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 05/09/2018. EXHIBIT P11 TRUE COPY OF THE RTI REPLY LETTER DATED 19/06/2018. EXHIBIT P12 EXHIBIT P13 EXHIBIT P14 EXHIBIT P15 TRUE COPY OF REPLY LETTER DATED 29/06/2018 OBTAINED UNDER RIGHT TO INFORMATION ACT 2005. TRUE COPY OF THE LICENCE ISSUED BY THE KALAMASSERY MUNICIPALITY DATED 28.6.2014 IN RESPECT OF MY TRAVEL AGENCY NAMELY, TEAM MONTE CARLO. TRUE COPY OF THE AGREEMENT DATED 27.4.2015 EXECUTED BETWEEN THE PETITIONER AND OLA CABS. TRUE COPY OF THE AGREEMENT DATED 7.7.2015 EXECUTED BETWEEN ME AND OLA CABS. "